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FILE#LA19-000081 <br /> 21 Oct 19 <br /> Page 3 of 4 <br /> the ordinance. <br /> 2. The variance is consistent with the comprehensive plan. This statement is true; the <br /> requested variance is in line with the rural residential goals within the comprehensive <br /> plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; the variance request is residential in nature <br /> and are reasonable considering the unique rural nature of the property,and the <br /> neighborhood with significant separation between the properties as well as the <br /> elevation difference between the home and the lake. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the location of the barn to be replaced and the site configuration was not <br /> created by the owner, the elevation of the home and barn in relation to the <br /> OHWL of Lake Classen greatly impedes visual impact from the Lake; and <br /> c. The variance will not alter the essential character of the locality. The visual <br /> impacts of the replacement barn will be minimal from the lake due to the <br /> topography as well as from adjacent properties due to the physical distance <br /> separation.The proposed barn will not alter the character of the neighborhood. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may <br /> be granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located. This condition is not applicable, as an accessory barn is an allowed use in the <br /> RR-1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The lake setback requirement,the size and <br /> shape of the property is similar to the other properties in the Jamestown Road <br /> neighborhood within the RR-1B district. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The existing barn to be replaced is at 112' from the OHWL. It is <br /> located lakeward of the average Lakeshore setback (116'); within the 150-foot setback <br /> from the OHWL.The proposed barn will meet the average setback and is on the top of <br /> a slope.The shape of the lot and the location of the existing buildings are unique to this <br /> property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The existing barn can be re-built in kind, the <br /> proposed replacement barn is necessary to permit the property owners continued <br /> enjoyment of their property. The barn is located in a location which serves the intent <br /> and goals of the ordinance by minimizing visual impacts to the lake, maintaining <br /> maximum distance from adjacent properties,and is located out of drainage ways. <br />